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IN RE PROMEDICUS HEALTH GROUP, LLP

Bankruptcy No. 03-10102K. Adversary No. 05-1023K.

359 B.R. 45 (2006)

In re PROMEDICUS HEALTH GROUP, LLP, Debtor. Mark S. Wallach, as Trustee of Promedicus Health Group, LLP, Plaintiff, v. McDermott, Will & Emery and Michael L Blau, Defendants.

United States Bankruptcy Court, W.D. New York.

December 15, 2006.

Attorney(s) appearing for the Case

Cheryl R. Storie, Esq., Maureen T. Bass, Esq., and Garry Graber, Esq, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, NY, Attorneys for Plaintiff/Trustee.

Stephen Novack, Esq. Novack and Macey LLP, Chicago, IL, Randall D. White, Esq. and Terrence M. Connors, Esq. Connors & Vilardo, LLP, Buffalo, NY, Attorneys for Defendants.

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

Although the procedural posture of this complex multi-million dollar case is far more complicated than the following statement thereof, the Court deems the matter before it to be this:

Does a Chapter 7 Trustee get past a Rule 12(b)(1) Motion to Dismiss that is based on the governing Second Circuit case law of Wagoner and its progeny,1 simply by alleging...

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